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Provision on Renewing Contracts

Hi!Im Eson. I'm part of HR Team in a Recruitment Agency. Part of my duties is handling the 201F. The contract of the newly hired emoployees is determined by Dept. Head since he has the final say wheather to renew or end the contract. I tried to search if we have a provision on renewing a contract under DOLE website but I can't find one. My problem is the renewal of contract takes place after the contract lapsed even if I already informed them a month prior to expiration. Our contract usually started as 3 mos contract then 6 mos probationary period. Can you please give me a copy of DOLE based provision on renewing contract. I'm trying to avoid any conflicts with DOLE as I was informed that if contract is now renewed 1 month prior to expiration it is automatical extednded or converted to probationary or regularization.Your help is much highly appreciated. Thank you!

esonlopez wrote:Hi!Im Eson. I'm part of HR Team in a Recruitment Agency. Part of my duties is handling the 201F. The contract of the newly hired emoployees is determined by Dept. Head since he has the final say wheather to renew or end the contract. I tried to search if we have a provision on renewing a contract under DOLE website but I can't find one. My problem is the renewal of contract takes place after the contract lapsed even if I already informed them a month prior to expiration. Our contract usually started as 3 mos contract then 6 mos probationary period. Can you please give me a copy of DOLE based provision on renewing contract. I'm trying to avoid any conflicts with DOLE as I was informed that if contract is now renewed 1 month prior to expiration it is automatical extednded or converted to probationary or regularization.Your help is much highly appreciated. Thank you!

Can you post the details of your contracts regarding duration of employment?

Generally a contractual (or fixed period) employment automatically expires at the date specified without need of any other action except if the employment will be extended.

Subject to your successfully passing a physical and medical examinations and the finding that you are free from any contagious disease or other ailments, you are physically and medically qualified for the job you have applied for, and upon submission of the required clearances we are employing you as a contractual employee under the following terms and conditions:

POSITION : RATE : I.D. # : S.S.S.# : DATE HIRED : TIN # :

1. The duration of this employment agreement shall be for a period of Three (3) months which shall take effect from January 27, 2015 to April 27, 2015 or upon the cessation of the need of your actual services whichever comes first or any just cause recognized by the law for terminating employment. 2. You agree that you will abide by all the company rules and regulations that now exist and/or may hereafter be promulgated and it shall be your duty to study and know the rules immediately upon hiring or immediately upon their promulgation.3. You agree to abide by the established working hours of the company and waive any right to compensation for the time lost from the established working hours.4. The company shall not be responsible for any expenses you may incur in the executions of the duties of your positions unless the management, prior to the incurrence of such expenses, duly authorized the same.5. You agree that all records and documents of the company and all information pertaining to its business or affairs are confidential, and that no unauthorized -disclosures or reproductions of the same will be made by you at any time during or after your employment with us.6. You agree that all company records, documents and properties in your custody shall be immediately surrendered to the company, if requested during the employment period at the termination thereof, whether or not required.7. We reserve the right to terminate your services at any time during the period of casual employment for causes provided at the labor code. In this event, you will be entitled to collect only your wage up to last working hour of the last day of actual services.8. It is expressly agreed and understood that there are no verbal agreements or understanding between you and the company or any of its agents and representatives, affecting this agreement and that no alterations or variations of the terms hereof shall be binding upon either party to this agreement unless the same are confirmed in writing and signed by you and the company.

Your signature below in the space provided for hereunder will indicate your acceptance of the foregoing terms.

Very truly yours

Ms. Jane Doe VP & General Manager

I hereby acknowledge receipt of the original of this letter/agreement and agree to all term stated herein. I also acknowledge having received a copy of Company’s Rules and Regulations.

SIGNATURE : ____________________ DATE : ________________

For Probationary:

PROBATIONARY EMPLOYMENT CONTRACT

Dear Mr. John Doe Date : April 28, 2015

In connection with your application with our company for the position of Recruitment Services Assistant , please be informed that our management has accepted the same, subject to the following terms and conditions.

1. You will be on probation for a period of six (6) months commencing on APRIL 27, 2015 up to OCTOBER 27, 2015 during which period you will be working with us on a trial basis so that we may determine your qualifications and suitability for the job you have been hired for.

2. It is understood that your employment may be terminated at any time during your probation if your services are found unsatisfactory according to standards which you hereby acknowledge to have been explained to your complete understanding and satisfaction.

3. It is understood that you shall submit yourself, prior to your employment to a physical and medical examination by the company’s medical retainer, who shall have the responsibility to judge if you are physically and medically qualified for the job you have applied for.

4. For giving your entire time and attention to the work assigned to you during working hours of this company, you shall be compensated a Thirteen Thousand Five Hundred Pesos (P13,500.00) per month payable semi monthly at the above address of the company.

Any additional payments or benefits of whatsoever nature are entirely at the company’s discretion, and will not even in the case of repetition, serve to establish any claim against the company.

5. You agree that you will abide by all the Company’s Rules and Regulations that now exist and /or may hereafter be promulgated and it shall be your duty to study and know the rules immediately upon hiring or immediately upon their promulgation.

6. You agree to abide by the established working hours of this company and waive any right to compensation for time lost from the established working hours.

7. The company shall not be responsible for any expense you may incur in the execution of the duties of your position unless management, prior to the incurrence of such expenses has duly authorized the same.

Likewise, techniques, methods, and processes which are trade secrets of the company and that of it’s principal which may come to your knowledge shall not be divulged by you directly or indirectly to any person, firm or association at any time during or after your employment with us.

8. You agree that all records and documents of the Company and all information pertaining to its business or affairs are confidential and that no unauthorized disclosure, reproduction of the same will be made by you at any time during or after your employment with us.

9. You agree that all company records, documents and properties in your custody or control shall be immediately surrendered to the company, if requested during the employment period, and upon termination thereof whether or not requested.

10. You agree during the entire period of your employment, to be assigned to any work for such periods as may be determined by the Company and whenever the operations thereof require such assignment.

11. It is expressly agreed and understood that there are no verbal agreement or understanding between you and the Company or any of its agents and representatives, affecting this agreement and that no alterations or variation of the terms hereof shall be binding upon either party of this agreement unless the same are confirmed in writing and signed by you and the Company.

12. This probationary employment does not entitle you to vacation and/or sick leaves, nor to any other benefit that is or may hereafter be granted to permanent employees of the company.

We welcome you into our organization and trust that your association with us will be mutually beneficial.

Your signature on the space provided below will indicate your acceptance of the foregoing terms.

Very truly yours,

Jane DoeVP & General Manager

I hereby acknowledge receipt of the original of this Letter Agreement and agree to all the terms stated therein. I also acknowledge having received a copy of the Company’s Rules and Regulations.